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THE

SOUTHEASTERN REPORTER,

VOLUME 45,

CONTAINING ALL THE DECISIONS OF THE

SUPREME COURTS OF APPEALS OF VIRGINIA AND WEST
VIRGINIA, AND SUPREME COURTS OF NORTH
CAROLINA, SOUTH CAROLINA, GEORGIA.

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COPYRIGHT, 1904,

BY

WEST PUBLISHING COMPANY.

SOUTHEASTERN REPORTER, VOLUME 45.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

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WEST VIRGINIA-Supreme Court of Appeals.

HENRY C. McWHORTER, PRESIDENT.

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IV. AS TO READING RECORDS AND CITING AUTHORITIES.

A clear and concise printed brief of the points intended to be insisted on by each In all cases it is recommended to the genparty in an appeal, writ of error, or super-tlemen of the bar to select and cite first the sedeas, and the authorities in support there- decisions of this court, and in any case only of, signed by his counsel, on the part of the the most pertinent authorities. appellant, shall be filed in the clerk's office ten days before the argument of the case be- V. ARGUMENT UPON EXCEPTIONS TO gins; and the appellee's brief shall be filed with the clerk at least five days before the

argument begins; and no reply of the appellant shall be filed after the case is called; and no error other than such as may be pointed out and insisted on in such brief. on the part of the plaintiff or appellant, shall (without leave of the court) be admitted as

a ground for argument, on the hearing of the cause. No cause shall be proceeded in without such brief. But a party who has prepared and filed a brief may insist on a hearing when the cause is regularly called, although no brief shall have been filed on the part of his adversary. If one of the parties omits to file such a brief, he cannot be heard, and the case will be heard ex parte upon the argument of the party by whom the brief is filed. The plaintiff or appellant may adopt the petition as his brief. If no brief be filed by either party when a cause is called, it shall stand continued until the next term, unless the court shall otherwise order: provided, that in every such case the appellant shall file his brief at least two days before the argument begins, in which he shall insert all the authorities relied on by him.

The briefs shall be printed in type not

less in size than small pica, and shall be nine inches in length and six inches in width, so as to conform in dimensions to the printed records along with which they are to be bound in accordance with an act of assembly approved March 16, 1903, and the clerks of this court are directed not to receive or file a brief not conforming in all respects to the aforementioned requirements.

45 S.E.

REPORTS.

No oral argument will be permitted upon exceptions to a master commissioner's report, except upon naked questions of law, without reference to details of evidence; or upon any motion to advance a cause to the privileged docket; or upon any motion to require new or additional security upon, or to increase the penalty of an appeal or supersedeas bond. Counsel are required to state the grounds for and against such motions in writing.

VI. CAUSES HEARD OUT OF COURSE.

No cause shall be taken up out of the order on the docket, or be set down for any particular day, except under special and peculiar circumstances, to be shown to the court, by motion, in writing, after notice of at least two days to the opposite party.

VII. TIME ALLOWED ON REVIVALS.

death of a party, either plaintiff or defendWhere any process to revive a suit on the ant, shall be returned executed, there shall

be at least sixty days allowed to the party

or parties in whose name or names such suit may be revived, to prepare for the trial thereof.

VIII. CERTIFICATES OF JUDGMENTS,
DECREES, ETC.

No certificate of a judgment or decree of the Court of Appeals sball, without the special direction of the court, be transmitted to (V)

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